The Liability of Hoteliers for Child Abuse and Child Exploitation – Six Pump Court

Posted August 27th, 2015 in child abuse, foreign jurisdictions, hotels, negligence, news, police by sally

‘Certain hotels are sited in city centres or close to the main road networks. They are easily accessible and some are vulnerable to misuse by those engaged in crime. Bookings can be made late at night; guests might arrive in large groups; they are sometimes able to bypass reception either on arrival or on departure; there may be no night receptionist to check who might be brought in. It is not unknown for particular hotels in particular areas to be used for the exploitation of vulnerable persons. It may be argued that certain hoteliers are on notice of a possible problem relating to the exploitation of young people within the network. The question is what is to be done to protect young people who might be taken to an hotel and there abused and to limit the exposure of the hotelier to liability for any claim which might be made against them. Some hoteliers actively seek the assistance of bodies such as the NSPCC in the preparation of training for staff. Training is not enough. Nor is the fact that guest accompanying a child may be obliged to identify the child and their relationship with the child.’

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Six Pump Court, 10th August 2015

Source: www.6pumpcourt.co.uk

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Secondary victims: A race between the claimant and the ambulance? – Hardwicke Chambers

Posted August 27th, 2015 in negligence, news, personal injuries, victims by sally

‘It is hard to escape the notion that the rise in the number of secondary victim claims in recent years owes its success to the amorphous concept of ‘proximity’. The test of proximity itself is well established: a secondary victim claimant can only establish a claim in law as a result of witnessing an event or its immediate aftermath. Establishing proximity does not pose much of a problem if the claimant has witnessed an accident itself; what remains controversial is defining the limit of “the event” and its “immediate aftermath”. Having looked at the decisions of the Courts on this issue, one would be forgiven for thinking that the boundaries are imposed somewhat arbitrarily. ‘

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Hardwicke Chambers, 29th July 2015

Source: www.hardwicke.co.uk

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Setting the bar high for secondary victim claims – Hardwicke Chambers

Posted August 27th, 2015 in appeals, negligence, news, personal injuries, psychiatric damage, victims by sally

‘It had been 10 years since a secondary victim claim had reached the Court of Appeal when the important Taylor v A.Novo(UK) Ltd. [2014] QB 150 case was decided, in March 2013. By contrast, the last six months have seen a series of key decisions illustrating the approach first-instance Courts will take in the light of Taylor, namely Wild v Southend NHS; Brock v Northampton NHS; Berisha v Stone Superstore; Shorter v Surrey & Sussex NHS and culminating in another landmark Appeal decision in Liverpool Women’s Hospital NHS Foundation Trust v Ronayne [2015] EWCA Civ 588.’
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Hardwicke Chambers, 29th August 2015

Source: www.hardwicke.co.uk

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‘Panicked’ assistant solicitor fabricated counsel’s advice and expert reports – Legal Futures

An assistant solicitor has admitted to having “fabricated” advice from counsel, two expert reports and a series of letters on a medical negligence case because she felt “completely panicked and couldn’t see a way out”.
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Legal Futures, 11th August 2015

Source: www.legalfutures.co.uk

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Two-partner firm succeeds in striking out £8m professional negligence claim – Legal Futures

‘A two-partner central London law firm has succeeded in striking out a professional negligence claim for over £8m.’
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Legal Futures, 3rd August 2015

Source: www.legalfutures.co.uk

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Chinnock v Veale Wasbrough – are we any closer to clarity on s14A? – Hardwicke Chambers

Posted July 28th, 2015 in appeals, law firms, limitations, negligence, news, solicitors, time limits by sally

‘On the silver anniversary of the Limitation Act 1980 (“the Act”) and as we approach the emerald anniversary of the coming into force of section 14A of that Act, the recent case of Chinnock v Veale Wasbrough [2015] EWCA Civ 2014 shows that the interpretation of this complicated section remains far from straightforward.’
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Hardwicke Chambers, 15th June 2015

Source: www.hardwicke.co.uk

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The perils of commoditised advice: Procter v Raleys Solicitors – Hardwicke Chambers

Posted July 28th, 2015 in appeals, compensation, negligence, news, solicitors by sally

‘On 28 April 2015 the Court of Appeal handed down judgment in Procter v Raleys Solicitors. The case is an important reminder to solicitors engaged in bulk litigation of the risks posed by “commoditising” their services.’

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Hardwicke Chambers, 15th June 2015

Source: www.hardwicke.co.uk

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Stricter control mechanisms for secondary victim claims: Liverpool Women’s Hospital NHS Foundation v Ronayne – Hardwicke Chambers

Posted July 28th, 2015 in appeals, hospitals, negligence, news, psychiatric damage by sally

‘Today’s Court of Appeal judgment in Liverpool Women’s Hospital NHS Foundation Trust v Ronayne [2015] EWCA Civ 588 is an early front runner for the most important tort law case of 2015. It is very good news for hard-pressed NHS Trusts defending claims by relatives shocked by the effect on loved-ones of acts of clinical negligence. Such claims will rarely succeed in the light of today’s decision.’

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Hardwicke Chambers, 17th July 2015

Source: www.hardwicke.co.uk

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Limitation, latent damage and tax mitigation scheme claims – Hardwicke Chambers

‘As (relatively) recent press coverage of celebrity participants shows, litigation relating to tax mitigation (or avoidance) schemes is on the rise. HMRC has taken an increasingly harder line in recent years both in tightening the legislation surrounding tax avoidance and in refusing and litigating claims for tax relief based on “losses” incurred in tax mitigation schemes. Investors who have lost out are increasingly turning to their original financial advisers for recompense. Unfortunately, many such claims are only considered or intimated after the primary limitation period has passed.’

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Hardwicke Chambers, 15th June 2015

Source: www.hardwicke.co.uk

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Court of Appeal backs secret hearings as Government faces IRA and Iran cases – The Independent

Posted July 15th, 2015 in appeals, closed material, damages, human rights, Iran, Ireland, negligence, news by tracey

‘The Court of Appeal has cleared the way for the Government to apply for controversial secret court hearings as it faces being sued for damages by an IRA informant and Iranians subjected to asset freezing orders.’

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The Independent, 14th July 2015

Source: www.independent.co.uk

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SAS selection deaths: Coroner delivers neglect conclusion – BBC News

Posted July 14th, 2015 in armed forces, inquests, negligence, news by tracey

‘Three reservists who died on an SAS selection march would have survived if the hike had been stopped when other soldiers fell ill, a coroner has said.’

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BBC News, 14th July 2015

Source: www.bbc.co.uk

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How mad must you be, not to be responsible for your actions? – UK Human Rights Blog

Posted July 14th, 2015 in appeals, crime, mental health, negligence, news, personal injuries by tracey

‘Dunnage v. Randall & UK Insurance Ltd [2015] EWCA Civ 673, 2 July 2015
This is an extraordinary case, and one which goes deep down into why the law of wrongs (or torts) makes people compensate others for injury and losses, whereas the criminal law may decide that a crime has not been committed.’

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UK Human Rights Blog, 14th July 2015

Source: www.ukhumanrightsblog.com

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Operation Jasmine: Care home neglect inquiry to report – BBC News

Posted July 14th, 2015 in care homes, elderly, inquiries, negligence, news, reports by tracey

‘The findings of an independent report into what became the biggest UK inquiry into alleged abuse at care homes are being published later. Operation Jasmine, led by Gwent Police, focused on six care homes in south Wales and cost £11.6m.’

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BBC News, 14th July 2015

Source: www.bbc.co.uk

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High Court: solicitors had duty to advise on commercial element of deal – Legal Futures

Posted July 13th, 2015 in causation, competition, covenants, negligence, news, restraint of trade, solicitors by tracey

‘The High Court has dismissed a claim against a firm of solicitors, despite finding it negligent in failing to raise the absence of a covenant in restraint of competition during the purchase of a commercial property.’

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Legal Futures, 13th July 2015

Source: www.legalfutures.co.uk

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Met loses appeal over Guardian journalist hit by police car – The Guardian

Posted July 9th, 2015 in appeals, London, negligence, news, personal injuries, police by sally

‘Judges have cleared the way for the former Guardian journalist Donald MacLeod to claim damages from the Metropolitan police after he was left with brain injuries when he was hit by a police car answering an emergency call while he was cycling home.’

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The Guardian, 8th July 2015

Source: www.guardian.co.uk

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High Court abandons cost budgeting for clinical negligence claims to clear backlog – Litigation Futures

Posted July 3rd, 2015 in budgets, case management, costs, negligence, news, personal injuries by tracey

‘Costs budgeting will not be applied to High Court clinical negligence cases listed for costs hearings between October 2015 and January 2016 in an attempt to clear the backlog, it has emerged.’

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Litigation Futures, 2nd July 2015

Source: www.litigationfutures.com

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Fruit farm manager jailed over deaths of men who ‘scuba dived’ for apples – The Guardian

‘A fruit farm manager has been jailed for the manslaughter of two workers who died after climbing into a sealed storage unit to collect the best apples for a competition.’

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The Guardian, 1st July 2015

Source: www.guardian.co.uk

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‘Negligent’ firm escapes payout after court finds no causation – Legal Futures

Posted July 1st, 2015 in negligence, news, sale of land, solicitors by sally

‘The High Court has dismissed a claim of professional negligence against a firm of solicitors because, although the claimant successfully established liability, no loss or damage was found to have been caused.’

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Legal Futures, 1st July 2015

Source: www.legalfutures.co.uk

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Swynson Ltd v Lowick Rose LLP (in liquidation) (formerly Hurst Morrison Thomson LLP) – WLR Daily

Posted June 30th, 2015 in accountants, appeals, contracts, damages, duty of care, law reports, loans, negligence by sally

Swynson Ltd v Lowick Rose LLP (in liquidation) (formerly Hurst Morrison Thomson LLP) [2015] EWCA Civ 629; [2015] WLR (D) 278

‘In a claim resulting from negligent advice the damages were not to be reduced to reflect a repayment to the claimant of debt made pursuant to a refinancing where such transaction, while arising because of the relevant breach of duty, did not arise in the ordinary course of business.’

WLR Daily, 25th June 2015

Source: www.iclr.co.uk

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Medical legal costs ‘excessive and should be capped’ – BBC News

Posted June 29th, 2015 in costs, hospital orders, negligence, news, personal injuries by sally

‘The government intends to put strict limits on the “excessive fees” some lawyers claim in medical negligence cases against the NHS in England.’

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BBC News, 28th June 2015

Source: www.bbc.co.uk

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